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| Public Act 101-0385 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Removal of Private Compromising Images Act. | ||||
Section 5. Definitions. As used in this Act: | ||||
"Image" has the meaning provided in subsection (a) of | ||||
Section 11-23.5 of the Criminal Code of 2012. | ||||
"Intimate parts" has the meaning provided in subsection (a) | ||||
of Section 11-23.5 of the Criminal Code of 2012. | ||||
Section 10. Posting of private compromising images. A | ||||
person shall not post a private compromising image of another | ||||
person online. A person posts a private compromising image when | ||||
he or she: | ||||
(1) intentionally disseminates an image of another person: | ||||
(A) who is at least 18 years of age; | ||||
(B) who is identifiable from the image itself or | ||||
information displayed in connection with the image; and | ||||
(C) whose intimate parts are exposed, in whole or in | ||||
part; | ||||
(2) obtains the image under circumstances in which a | ||||
reasonable person would know or understand that the image was | ||||
taken without the person's knowledge or consent; and | ||
(3) knows or should have known that the person in the image | ||
has not consented to the dissemination; or | ||
(4) owns or operates a website on which the posting of | ||
private compromising images is allowed or not removed upon | ||
discovery of such images being posted. | ||
Section 15. Take-down order. | ||
(a) A person may file a petition for a take-down order if | ||
the person discovers that a private compromising image of | ||
himself or herself is posted online. | ||
(b) If, at the hearing for a take-down order, the court | ||
finds that the defendant posted a private compromising image, | ||
then the court shall enter a take-down order and the defendant | ||
shall immediately delete or remove the private compromising | ||
image from the website. | ||
Section 20. Emergency take-down order. Upon the return of | ||
service date, if the plaintiff presents prima facie evidence | ||
that the image at issue is a private compromising image of the | ||
plaintiff, then the court shall enter an emergency take-down | ||
order, without a hearing, to have the image removed from the | ||
website immediately. | ||
Section 25. Damages. A person who is found to have posted a | ||
private compromising image of another person by a court shall | ||
be liable for damages. The amount of damages shall be at the | ||
discretion of the court.
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Section 30. Liability. Nothing in this Act shall be | ||
construed to impose liability on an interactive computer | ||
service, as defined in 47 U.S.C. 230(f)(2), for content | ||
provided by another person.
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